Judges and rules. The authority of the judicial precedent

Jueces y reglas. La autoridad del precedente judicial

Jueces y reglas. La autoridad del precedente judicial

Judges and rules. The authority of the judicial precedent

Jueces y reglas. La autoridad del precedente judicial

In this book, the following specific issues are addressed: 1) the way in which the rules, and in this case the judicial precedents, define how to act, regardless of the considerations of the individuals regarding of the content of the required conduct; 2) the possibility that precedents are constitutive of rules and that, at the same time, individuals (in particular judges) be authorized to extend or reduce their scope of application, and even depart from the precedents in case of appearance of reasons capable of overcoming them; 3) the possibility of understanding judicial precedents autonomously or independently of evaluative considerations of the subjects in charge of applying them; and 4) the relationship between the claim of authority of the precedents and the existence of legal sanctions as a mechanism for jurisprudential discipline, that is, as a mechanism for legal operators to follow judicial precedents.

  • Judges and rules. The authority of the judicial precedent
  • Fabio Pulido Ortiz
  • Universidad de La Sabana
  • Available worldwide.
  • Spanish
  • Printed
    • 978-9581-204-53-3
  • No
    • Elsa Cristina Robayo Cruz
    • elsa.robayo@unisabana.edu.co
    • +57(1) 861-5555. Ext. 45001